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The Public Procurement Rules 2008 - LGED

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1. Where the Approving Authority is at the level of the Head of a Procuring<br />

Entity or Chief Executive or a Project Director, Project Manager, or an<br />

Authorised Officer as per DoFP, the process described in Sub Rule 3(a)<br />

(1) (i) and (ii) shall be followed for the approval of and any other decision<br />

on , the Evaluation Report in accordance with Rule 11.<br />

2. Where the Approving Authority is at the level of a Board of Directors,<br />

(i) the Evaluation Committee shall prepare a concise summary called<br />

the "Purchase Proposal'' and submit it along with the Evaluation<br />

Report, and the recommendations for award of Contract, but not the<br />

Tender or Proposal, in a sealed envelope, directly to the Head of the<br />

Procuring Entity or the Chief Executive;<br />

(ii) the Head of the Procuring Entity or the Chief Executive will forward it<br />

to the Board of Directors,<br />

Provided that if the Head of a Procuring Entity or the Chief Executive<br />

is the Chairperson of the Evaluation Committee, he or she will send<br />

the "Purchase Proposal" with the relevant Documents stated above<br />

directly to the Board of Directors;<br />

(iii) after approval of or having recorded any other decision on, in<br />

accordance with Rule 11, the "Purchase Proposal" submitted under<br />

Sub-Rule 4(ii) , the Board of Directors will return the "Purchase<br />

Proposal" to the Head of the Procuring Entity or the Chief Executive<br />

for necessary further action.<br />

3. Where the Approving Authority is at the level of a Ministry, for approval of<br />

or having recorded any other decision on, in accordance with Rule 11,the<br />

"Purchase Proposal" the process described in Sub-Rule 3(a)(2) shall be<br />

followed.<br />

4. Where the Recommending Authority is at the level of the CCGP, the<br />

process described in Sub-Rule 3 (a) (3) shall be followed for placing the<br />

"Purchase Proposal" for approval of that Committee, and the decision of<br />

the CCGP shall be communicated to the Procuring Entity through the<br />

same route following which the Purchase Proposal was sent .<br />

(4) Upon approval of the "Purchase Proposal" under Sub-Rule 3 (a) and (b) the<br />

Procuring Entity shall take the following actions in that respect –<br />

(a) issue Notification of Award (NOA) within the time specified in Schedule II after<br />

receipt of approval of the "Purchase Proposal" , provided that no complaint or<br />

appeal in regard to the Tender or Proposal under the Act and these <strong>Rules</strong>, is<br />

pending;<br />

(b) ensure confidentiality in regard to approval of the "Purchase Proposal" by all<br />

officers and staff concerned with the <strong>Procurement</strong> process either directly or<br />

indirectly.<br />

(5) Procuring Entities shall, for <strong>Procurement</strong> above the threshold specified in Schedule<br />

II , shall submit to the CPTU procurement related reports on quarterly basis indicating the time<br />

taken at each stage of the <strong>Procurement</strong> process stating reasons for delays if any.<br />

(6) Procuring Entities, Evaluation Committees and Approving Authorities shall, for<br />

performing activities, from the time of Tender opening to the issuance of the Notification of<br />

Award following time-limits specified in Part of Schedule III.<br />

(7) All the Procuring Entities shall, in the case of procurement processing and<br />

approval, use the check lists in Schedule IV.<br />

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